Abstract

http://ssrn.com/abstract=2172642
 
 

References (73)



 
 

Footnotes (15)



 


 



When Does Knowledge Become Intent? Perceiving the Minds of Wrongdoers


Pam Mueller


Princeton University - Department of Psychology

Lawrence M. Solan


Brooklyn Law School

John M. Darley


Princeton University

December 2012

Journal of Empirical Legal Studies, Vol. 9, Issue 4, pp. 859-892, 2012

Abstract:     
In a series of experimental studies, we asked people to assign appropriate civil and/or criminal liability to individuals who cause harm with various culpable states of mind and kinds of knowledge. The studies are principally aimed at two related issues. First, do people actually separate the various states of mind conceptually? How much knowledge, and what kind of knowledge, regarding something that may go wrong (understanding risk) is sufficient to count as knowing that something will go wrong (having knowledge legally equivalent to intent)? Second, to the extent that people distinguish among the states of mind that help define normative behavior, how much do those distinctions contribute to people's judgments of civil liability? Our studies show that people are able to make explicit distinctions about the states of mind of others that more or less correspond to legally relevant categories. Yet, when asked to assign consequences, their “hot” moral judgments play a larger role than do their “cold” cognitive categorizations.

Number of Pages in PDF File: 34

Accepted Paper Series





Date posted: November 8, 2012  

Suggested Citation

Mueller, Pam and Solan, Lawrence M. and Darley, John M., When Does Knowledge Become Intent? Perceiving the Minds of Wrongdoers (December 2012). Journal of Empirical Legal Studies, Vol. 9, Issue 4, pp. 859-892, 2012. Available at SSRN: http://ssrn.com/abstract=2172642 or http://dx.doi.org/10.1111/j.1740-1461.2012.01269.x

Contact Information

Pam Mueller (Contact Author)
Princeton University - Department of Psychology ( email )
Green Hall
Princeton, NJ 08540
United States
Lawrence M. Solan
Brooklyn Law School ( email )
250 Joralemon Street
Brooklyn, NY 11201
United States
718-780-0357 (Phone)
HOME PAGE: http://www.brooklaw.edu/lawrence_solan

John M. Darley
Princeton University ( email )
1-N-17 Green Hall
Princeton, NJ 08544
United States
609-258-3000 (Phone)
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References:  73
Footnotes:  15

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